The SA National Roads Agency (Sanral) has defended the terms and accommodations of its e-tag registration, which several parties said violate the Consumer Protection Act (CPA).
The SA National Consumer Union (Sancu) and the Democratic Alliance said certain clauses in the registration contract go against consumer rights and may violate the Financial Services Act (FSA) as well.
However, Sanral “denies that its terms and conditions are either unfair or illegal”.
The agency, in a statement, attempts to address the primary allegations against the e-tag conditions.
One area of concern was that the FSA could be violated, because clause 33 of Sanral's terms and conditions says: “The user hereby irrevocably authorises the agency or its duly authorised agent to obtain from any institution where the user may have an account, or from any credit bureau, any information concerning the user. This clause constitutes consent and an instruction to each such institution to disclose such information to the agency or its agent.”
Sancu said this may go against the FSA, which states that an institution may not request more information than is needed. The logic was that information is not needed from the credit bureau, for example, because either way Sanral will not stop drivers from using the roads.
However, the agency says nowhere in the conditions does it indicate it would obtain more information than it otherwise needed.
“The information required may differ from person to person and accordingly the reason for the provisions of the clause. As to whether Sanral obtained more information than may be permitted is a factual issue, which can be addressed at the relevant time. Such clause would not allow Sanral to transgress the requirements of legislation.”
Preventing fraud
The clause that Sancu said infringes on the CPA is the one saying Sanral's information is correct unless drivers can prove otherwise.
The problem arises with fraudulent plates where drivers are charged e-toll fees that they did not incur.
“The mere copying of a licence plate will not result in a user becoming liable for another party's toll charges. E-tolling and the systems implemented will... greatly assist in preventing fraud and in particular the cloning of number plates. Sanral denies that this provision is contrary to the requirements of the Consumer Protection Act or any law,” says the agency.
It addresses several other allegations and the full statement can be read here.
Study first
Sanral last week announced that the controversial e-tolling system would not go ahead in February as planned.
The new board will study stakeholder comments and petitions against the system and will then compile a report for transport minister Sibusiso Ndebele.
The Gauteng Provincial Government says e-toll tags will be operational only at the Bakwena toll plaza from February.
Phase one of the Gauteng Freeway Improvement Project, for which e-tolling was established, was undertaken at a cost of around R20 billion to complete, with most of it financed from loans.